Texas Release of Mortgage / Deed of Trust - Short Form - Release on Real Estate
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How to fill out Release Of Mortgage / Deed Of Trust - Short Form - Release On Real Estate?
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FAQ
Lenders in Texas customarily use a release of lien when the loan secured by a deed of trust has been paid in full or otherwise satisfied. The release of lien is recorded in the county where the real property collateral is located.
A "Short Form Deed of Trust" is a document that is used to secure a promissory note by using real estate as collateral. When filing a Deed of Trust, it places a lien against the property.
Note: Once the loan is paid as agreed, the Lender must file a Release of Lien to remove the lien from the property. It is the Lender's obligation to release the lien when the loan has been paid in full. The Release of Lien should be promptly filed with the County Clerk.
Transfers of real property must be in writing and notarized. Deeds should be recorded in the county where the property is located. To ensure a legal change to the property title, you'll want the services of an attorney. A qualified attorney will prepare and file the real estate transfer deed.
If the loan is completely paid off (either before or at the end of the loan term), the Trustee is responsible for dissolving the Trust and transferring the legal title over to the new owner (the borrower).
CIVIL PRACTICE & REMEDIES CODE §16.035: Deed of Trust lien becomes barred 4 years after the original or extended maturity date of the secured obligation.
A deed of release is a legal document that removes a previous claim on an asset. It provides documentation of release from a binding agreement. A deed of release might be included when a lender transfers the title of real estate to the homeowner upon satisfaction of the mortgage.
Mortgage Deed of Trust Instead, Texas uses Deeds of Trust. The document is referred to as a Deed of Trust because there is a Trustee named for the property. Even though there is a Trustee named, the Trustee does not do anything unless there is a default or a failure to comply with the promissory note or deed of trust.
